Where the words of a will are unambiguous, but it is found by extrinsic evidence that they admit of applications, one only of which can have been intended by the testator, extrinsic evidence may be taken to show which of these applications was intended.
Illustrations:
(i) A man, having two cousins of the name of Mary, bequeaths a sum of money to "my cousin Mary". It appears that there are two persons, each answering the description in the will. That description, therefore, admits of two applications, only one of which can have been intended by the testator. Evidence is admissible to show which of the two applications was intended.
(ii) A, by his will, leaves to B "my estate called SultanpurKhurd". It turns out that he had two estates called SultanpurKhurd. Evidence is admissible to show which estate was intended.
Legal Commentary & Landmark Judgments: Section 80
Section 80 authorizes the admission of extrinsic evidence to resolve latent ambiguities, where the words of a will are clear on their face but apply equally to two or more persons or things.
Under Section 80, where there is an unresolvable ambiguity on the face of the facts—such as a bequest to 'my cousin Robert' when the testator has two cousins named Robert, or a bequest of 'my car' when the testator owned two identical cars—the court is fully authorized to admit extrinsic evidence, including direct declarations of the testator's intention, letters, and instructions, to resolve which person or thing was intended.
Section 80 is the sole scenario in testamentary construction where direct evidence of the testator's subjective declarations of intention may be received in evidence. Litigators handling equivocation disputes must gather contemporary correspondence, diary entries, and statements made by the testator to prove which of the identically named relatives or properties was the intended beneficiary.